Public hospitals and health centres: smoke-free and vape-free

The purpose of the smoking and vaping ban is to:

• protect the community from exposure to second-hand tobacco smoke and the aerosol from e-cigarettes
• further ‘de-normalise’ smoking and vaping in the community - the more people see smoking and vaping in public places, the more they will tend to think that it is okay, rather than harmful
• support people who have quit or are trying to quit smoking and vaping.

‘Public hospital’ is used broadly to refer to any of the following entities within the meaning of the Health Services Act 1988:

• denominational hospitals
• multi-purpose services
• privately operated hospital (Mildura Base Hospital)
• public health services
• public hospitals.

A registered community health centre is an independent community health centre that is registered by the Department of Health.

A pedestrian access point refers to a door or gate by which a person can enter or exit the premises. It does not include emergency exits that are locked to entry, but does include shared doors or gates.

For example, where a building is occupied by a registered community health centre as well as other organisations, such as private businesses, any shared entrances that are used to access both areas of the building would be subject to the smoking ban.

Any entrances that lead only to premises not included in the smoking ban, such as the private offices, would not be subject to the ban.

The ban does not apply:

• to entrances to a private hospital, unless the entrance also provides access to a public hospital
• to an emergency exit that is locked to entry
• to a person walking through the smoke-free area
• to a person in a motor vehicle who is driving or being driven through the smoke-free area
• to a person in an area that is separated from the smoke-free area by a road
• to a person in an outdoor drinking area located within the smoke-free area
• to a person at a residential premises (in privately owned homes or land).

The smoking and vaping ban is intended to complement and provide legislative support to any existing smoke-free and vape-free policies at public hospitals and registered community health centres.

If a public hospital or registered community health centre has its own smoking and vaping ban in place, the statewide ban will act as a minimum standard, with any further requirements put in place by the premises applying in addition to the legislative ban.

For example, if a hospital has a smoke-free and vape-free policy for the entire premises, both the hospital's policy and the statewide ban will apply. However, inspectors authorised under the Tobacco Act 1987 can only take action to enforce the legislative ban.

Local council officers are appointed under the Tobacco Act 1987 to educate businesses and the public about their responsibilities, and to carry out enforcement where necessary.

Under the Tobacco Act 1987 an occupier in relation to an area or premises, means:

• a person who appears to be of or over the age of 16 years and who is or appears to be in control of the area or premises, whether or not the person is present in the area or on the premises; or
• a body corporate that is or appears to be in control of the area or premises.